Annexes to COM(2019)87 - Implementation and functioning of Directive 2014/33/EU on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts - Main contents
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dossier | COM(2019)87 - Implementation and functioning of Directive 2014/33/EU on the harmonisation of the laws of the Member States relating to ... |
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document | COM(2019)87 ![]() |
date | February 22, 2019 |
·On the accessibility of lifts to disabled persons: The Commission will further clarify the borderline between the lifts accessibility requirements of the Directive vis-à-vis national legislation on accessibility of buildings and constructions by raising the issue in the framework of the Lifts WG. In particular, attention will be drawn to different conditions of installation and use of lifts, e.g. depending on the type of building and its function, level of floors, etc.
Once endorsed by the Lifts WG, the improved and new guidance on the provisions which the evaluation perceived as lacking clarity will be introduced as amendments to the 'Lifts Guide' which is the main reference document in support of the interpretation and implementation of the Directive.
·On market surveillance: The Commission will carefully monitor the enforcement of the Directive across all Member States and the activities of the Lifts AdCo. It will also suggest concerted actions in the framework of cooperation of competent market surveillance authorities (MSAs).
The Commission will encourage the members of the Lifts AdCo to disseminate among the competent MSAs more detailed information about their respective National Market Surveillance Programs, information on sources of accident statistics and invite the group to explore possible synergies. The Commission will continue to focus on facilitating the smooth cooperation between MSAs to ensure that only compliant lifts and safety components for lifts are placed on the market and maintain fair competition.
The Commission also notes that its 'Goods Package' proposal 19 includes a proposal for a new regulation in the area of market surveillance which, amongst others, aims to strengthen controls by MSAs and customs officers to prevent unsafe products from being placed on the Union market.
·On the standardistaion process: In order to ensure the timely availability of harmonised standards coferring the presumption of conformity to the EHSRs of the Directive, the Commission has already taken necessary measures in order to support and increase its involvement on the standards development processes. The new Standardisation Request M/549 20 gives the necessary tools to monitor and guide the preparation of harmonised standards in support of the Directive. Special efforts will be put to efficiently implement the actions to enhance transparency, reinforce legal certainty and speed of adoption of standards in accordance with the the Commission Communication on Harmonised Standards 21 .
(1)
Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts, OJ L 96, 29.3.2014, p. 251.
(2)
Council Directive 84/528/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for lifting and mechanical handling appliances, OJ L 300, 19.11.1984, p. 72.
(3)
Council Directive 84/529/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to electrically operated lifts, OJ L 300, 19.11.1984, p. 86.
(4)
European Parliament and Council Directive 95/16/EC of 29 June 1995 on the approximation of the laws of the Member States relating to lifts, OJ L 213, 7.9.1995, p. 1.
(5)
Performed by a consortium led by Technopolis Consulting Group Belgium, final report available at https://publications.europa.eu/en/publication-detail/-/publication/9f1a5907-e539-11e7-9749-01aa75ed71a1/
(6)
Consultations carried out by the external consultant for the study:
-online public consultation (June 2016 – January 2017);
-several targeted surveys;
-workshop held in the context of the Member States’ Lifts Working Group; and
-interviews with industry representatives, including SMEs, notified bodies and authorities.
The evaluation was discussed in meetings of the Commission’s interservice steering group.
(7)
Analysis of available official statistics (Eurostat, Prodcom and Amadeus Database), studies, and information provided by industry associations, annual reports of economic operators, information on accidents from national studies and national reports on market surveillance.
(8)
Commission Staff Working Document, Evaluation of the Lift Directive 2014/33/EU, SWD(2019)26 Final.
(9)
Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC, OJ L 218, 13.8.2008, p. 82.
(10)
For instance, in France, Ireland, Spain, Sweden and the UK, building regulations “accessible” passenger lifts should conform to harmonised standard EN 81-70. In Poland, the national building regulations include specific provisions for granting disabled persons accessibility to lifts, aligning with the recommendations of the Declaration made by the European Parliament, the Council and the Commission. In Cyprus, Italy and Latvia the building regulations provide for specific requirements on the dimensions of the lift car, on the presence of telephone devices and on the exact location of lift control panels. In Spain, Latvia and Italy local regulations prescribe additional requirements such as the use of Braille system.
(11)
"The lift must be designed and constructed to prevent the risk of crushing when the car is in one of its extreme positions.
The objective will be achieved by means of free space or refuge beyond the extreme positions.
However, in specific cases, in affording Member States the possibility of giving prior approval, particularly in existing buildings, where this solution is impossible to fulfil, other appropriate means may be provided to avoid this risk."
(12)
http://ec.europa.eu/growth/single-market/goods/building-blocks/accreditation_en
(13)
According to Art.2 of Regulation 765/2008, “accreditation shall mean an attestation by a national accreditation body that a conformity assessment body meets the requirements set by harmonized standards and, where applicable, any additional requirements including those set out in relevant sectoral schemes, to carry out a specific conformity assessment activity”.
(14)
https://ec.europa.eu/docsroom/documents/29961
(15)
The “Blue Guide” on the implementation of EU product rules, 2016; 2016/C 272/01.
(16)
Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) , OJ L 157, 9.6.2006, p. 24.
(17)
Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC, OJ L 81, 31.3.2016, p. 1.
(18)
Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC, OJ L 88, 4.4.2011, p. 5.
(19)
Goods Package: Proposal for a Regulation on Compliance and Enforcement of EU Product Legislation - EU Product Compliance Network, COM(2017)795.
(20)
Commission Implementing Decision of 21.9.2016 on a standardisation request to the European Committee for Standardisation as regards lifts and safety components for lifts in support of Directive 2014/33/EU of the European Parliament and of the Council, C(2016) 5884 final.
(21)
Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee – Harmonised standards: Enhancing transparency and legal certainty for a fully functioning Single Market, COM(2018) 764 final.